Civil Liberties and Public Policy

1. Civil Liberties and Public Policy Chapter 4

2. The Bill of Rights–Then and Now • Civil Liberties • Definition: The legal constitutional protections against the government. • The Bill of Rights and the States • The Bill of Rights is the first 10 amendments. • Written to restrict the national government. • Most are “incorporated” into state and local laws.

3. The Bill of Rights—Then and Now

4. The Bill of Rights—Then and Now

5. Freedom of Religion • The Establishment Clause • “Congress shall make no law respecting the establishment of religion.” • The Free Exercise Clause • Prohibits government from interfering with the practice of religion • Some religious practices may conflict with other rights, and then be denied or punished

6. Freedom of Expression • Prior Restraint • Definition: A government preventing material from being published. Censorship. • May be permissible during wartime. • May be punished after something is published.

7. Freedom of Expression • Free Speech and Public Order • Limited if it presents a “clear and present danger” • Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action • Limited if on private property, like a shopping center

8. Freedom of Expression • Free Press and Fair Trials • The public has a right to know what happens. • The press’ own information may not be protected.

9. Freedom of Expression • Obscenity • No clear definition on what constitutes obscenity. • Miller v.California stated that materials were obscene if the work: • appeals “to a prurient interest in sex” • showed “patently offensive” sexual conduct • lacks “serious literary, artistic, political or scientific value” • Local areas make their own decisions on obscenity

10. Freedom of Expression • Libel and Slander • Libel: The publication of false or malicious statements that damage someone’s reputation. • Slander: The same thing, only spoken instead of printed. • Different standards for private individuals and public (politicians, celebrities) individuals • Difficult to prove

11. Freedom of Expression • Symbolic Speech • Definition: Nonverbal communication, such as burning a flag or wearing an armband. • Generally protected along with verbal speech.

12. Freedom of Expression • Commercial Speech • Definition: Communication in the form of advertising. • Generally the most restricted and regulated form of speech (FTC). • Regulation of the Public Airwaves • Broadcast stations must follow FCC rules. • Cable / satellite has blurred the lines.

13. Freedom of Expression • Freedom of Assembly • Right to Assemble • Generally permissible, but must meet reasonable local standards. • Balance between freedom to assemble and order in society. • Right to Associate • Freedom to join groups / associations without government interference.

14. Defendants’ Rights • Interpreting Defendants’ Rights • Criminal Justice personnel are limited by the Bill of Rights. • Failure to follow the rules usually invalidates a conviction. • Courts continually rule on what is constitutional and what is not.

15. Defendant’s Rights

16. Defendants’ Rights • Searches and Seizures • Probable Cause: The situation occurring when the police have reason to believe that a person should be arrested. • Unreasonable searches and seizures: Evidence is obtained in a haphazard or random manner. • Exclusionary Rule: The rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained.

17. Defendants’ Rights • Self-Incrimination • Definition: The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. • Fifth Amendment • Miranda warnings • Entrapments may be overturned

18. Defendants’ Rights • The Right to Counsel • The state must provide lawyers in most criminal cases. • Sixth Amendment • Trial by Jury • Plea bargaining: An actual bargain between the prosecution and defense. • Juries generally consist of 12 people, but unanimity is not always needed to convict.

19. Defendants’ Rights • Cruel and Unusual Punishment • The Eighth Amendment forbids cruel and unusual punishment. • The Death Penalty • Varies from state to state • Cannot be mandatory

20. The Right to Privacy • Is There a Right to Privacy? • Definition: The right to a private personal live free from the intrusion of government. • Not explicitly stated in the Constitution • Implied by the Fourth Amendment • Very debatable…

21. The Right to Privacy • Controversy over Abortion • Roe v. Wade (1973) • Planned Parenthood v. Casey (1992) • Protections of those seeking an abortion • Rights of protesters When should abortions be legal? Figure 4.1

22. Understanding Civil Liberties • Civil Liberties and Democracy • People need the right to express themselves. • Courts continue to define the limits of civil liberties. • Civil Liberties and the Scope of Government • Must decide the line between freedom & order • Limits the scope of government